Is it legal for a landlord to state in the leae, “Tenants signature indicates understanding of all terms listed and suoercedes all rental laws”?

Asked on June 26, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I wouldn't sign it.  But it probably won't be effective.

Lease agreements and other contracts cannot have provisions that are against public policy.  They are said to be "void per public policy."  So, although the lease attempts to supersede all rental laws that protect the consumer, they most likely won't be effective. 

That said, that lease term is very heavy handed and indicates the leasing company or their representative is trying to minimize your rights and gives you a clue of their anti-consumer attitude.  If I went to lease a place and they handed me that lease term, I would laugh and take my business elsewhere even if it most likely wasn't going to be effective.

Do you think that a landlord who puts "supersedes all rental laws.." is going to give you your deposit back in a fair manner?  I doubt it.

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